Research › Browse › Judgment

Supreme Court of India · body

2020 DIGILAW 295 (SC)

Municipal Corporation, Faridabad v. Khori Gaon Residents Welfare Association (Regd. )

2020-02-19

A.M.KHANWILKAR, DINESH MAHESHWARI, VINEET SARAN

body2020
ORDER : We have heard counsel for the Municipal Corporation and the learned Additional Solicitor General for the Union of India. 2. We are not impressed by the argument of the Corporation that a clear direction is required to be issued to the Corporation to proceed against the unauthorized structure(s)/occupant(s) in the prohibited area, in particular, forest land. 3. The law enjoins a duty upon the Corporation to take appropriate action in the first place to stop such encroachment and if encroached, to remove such encroachment by following due process of law. 4. The Corporation is free to proceed against the concerned unauthorized structure(s)/occupant(s) in accordance with law irrespective of pendency of proceeding before this Court. 5. In the event, the Corporation initiates such action, we have no manner of doubt that all the State authorities will make a coordinated effort including by providing necessary/adequate security to ensure that the encroachments and unauthorized structure(s)/occupant(s) on the forest land are removed. 6. As rightly submitted by the learned Additional Solicitor General, we deem it appropriate to implead Ministry of Labour and Employment as party respondent and issue notice to it. Ordered accordingly. 7. As regards the other issue(s) highlighted by the High Court, learned Additional Solicitor General prays for time to present some suggestions in that regard, which can be considered by the Court appropriately. 8. List the matters after eight weeks. 9. The Corporation shall file compliance affidavit before the next date of hearing.